Case 1:20-cv-05492 Document 1 Filed 11/12/20 Page 1 of 10 PageID #: 1
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF NEW YORK
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`CHRISTIAN SMALLS, on his own behalf and on behalf of class
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`of similarly situated African American and Latina/o workers,
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`vs.
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`AMAZON, INC.,
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`Plaintiff,
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`Defendant.
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`CLASS ACTION COMPLAINT
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`By and through his attorneys, Tricia (CK) Hoffler, Esq. and Michael H.
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`Sussman, Esq., plaintiff Christian Smalls, a United States citizen, hereby files
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`this action and seeks class certification against defendant Amazon, Inc.
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`pursuant to 42 U.S.C. section 1981-a, sections 296(1)(a) and (e) of the
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`Executive Law of the New York State and sections 8-107 (1)(a) (2) and (3) and
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`’7 of the City of New York Human Rights Law:
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`I. PARTIES
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`1. Plaintiff Christian Smalls is a person cf legal age who resides in the
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`State of New Jersey.
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`2. Plaintiff Christian Smalls is African American.
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`3. Defendant Amazon, Inc. is a corporation which was incorporated in
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`the State of Delaware on May 28, 1996.
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`UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF NEW YORK
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`CHRISTIAN SMALLS, on his own behalf and on behalf of class
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`of similarly situated African American and Latina/o workers,
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`vs.
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`AMAZON, INC.,
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`Plaintiff,
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`Defendant.
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`CLASS ACTION COMPLAINT
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`By and through his attorneys, Tricia (CK) Hoffler, Esq. and Michael H.
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`Sussman, Esq., plaintiff Christian Smalls, a United States citizen, hereby files
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`this action and seeks class certification against defendant Amazon, Inc.
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`pursuant to 42 U.S.C. section 1981-a, sections 296(1)(a) and (e) of the
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`Executive Law of the New York State and sections 8-107 (1)(a) (2) and (3) and
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`’7 of the City of New York Human Rights Law:
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`I. PARTIES
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`1. Plaintiff Christian Smalls is a person cf legal age who resides in the
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`State of New Jersey.
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`2. Plaintiff Christian Smalls is African American.
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`3. Defendant Amazon, Inc. is a corporation which was incorporated in
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`the State of Delaware on May 28, 1996.
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`Case 1:20-cv-05492 Document 1 Filed 11/12/20 Page 2 of 10 PageID #: 2
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`JURISDICTION
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`4. As plaintiff is a citizen of one state and defendant a citizen of another
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`and as none of the class of workers plaintiff seeks to represent reside in the
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`State of Delaware, this Court has jurisdiction over this matter pursuant to 28
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`U.S.C. section 1332.
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`5. As plaintiff claims that defendant violated certain rights guaranteed
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`to him pursuant to federal civil rights law, this Honorable Court has
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`jurisdiction over this matter pursuant to 28 U.S.C. secs. 1331 and 1343.
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`6. As plaintiff alleges that defendant violated certain rights guaranteed
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`to him and the class he represents by virtue of state and local civil rights laws
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`and that these violations arose from the same nucleus of operative facts as its
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`violations of federal law, this Honorable Court has pendent jurisdiction
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`pursuant to 28 U.S.C. section 1367.
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`FACTUAL ALLEGATIONS
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`'7. On November 19, 2015, Smalls commenced working for Amazon in
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`an entry level position.
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`8. In August 2016, he was promoted to a management associate
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`position. As such, he was responsible for approximately 60 subordinates.
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`9. On March 24, 2020, a worker, Barbara Chandler, with whom Smalls
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`had had close contact, tested positive for COVID 19.
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`Case 1:20-cv-05492 Document 1 Filed 11/12/20 Page 3 of 10 PageID #: 3
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`10. Upon learning of Ms. Chandler’s status, Amazon did not issue a
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`directive to quarantine workers with whom she had contact.
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`1 1. On March 25, 2020, plaintiff Smalls came to work and was not
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`advised of any quarantine for himself or other workers who had had close
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`contact with Chandler.
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`12. On March 25, 2020, Smalls spoke with higher level managers and
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`the HR department, seeking clarity for himself and other workers and
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`requesting to be placed on quarantine in light of his known exposure.
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`13. On Saturday, March 28, 2020, a seniOr operations manager advised
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`Smalls that he was quarantined with pay but provided no specific instructions
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`or duration.
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`14. On March 24, 2020, plaintiff became alarmed that Amazon was not
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`' following basic precautions, endangering the health, safety and survival of
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`those working at this distribution center and their families.
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`15. Between March 25 and March 28, 2020, Smalls served as a liaison
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`between workers, who felt that management was unresponsive to their
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`concerns, and management.
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`16. Smalls did not work on March 29, 2020 but did return to the
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`fulfillment center on March 30, 2020 to lead a demonstration of workers in the
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`parking lot.
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`17. After confirming that Amazon was not taking the temperatures of
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`workers before allowing them to commence work nor providing its workers
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`with personal protective equipment or hand sanitizer nor adequately enforcing
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`social distancing within the facility nor following New York or CDC guidance
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`for cleaning and disinfecting the facility, Smalls proceeded with this concerted
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`activity.
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`18. Plaintiff did so because he concluded that he had a responsibility to
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`raise with management its delinquent response to the emerging pandemic.
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`19. Plaintiff reached this conclusion because he believed that
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`management was indifferent to the health, welfare and survival of his
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`subordinates, co-workers and their families because the large majority of them
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`were African-Americans, Latino or immigrants who were vulnerable because
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`of their recent entry into the United States.
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`20. Plaintiff’s concern was also magnified when he learned that Amazon
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`was intentionally attending with greater diligence to the health and safety of
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`managers who, as a group, were disproportionately Caucasian when compared
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`to line workers at the fulfillment center.
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`21. Smalls initially raised health and safety issues by bringing a group
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`of minority workers to meet with management.
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`22. Management repelled the workers, including Smalls, and did not
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`demonstrate concern for the group’s health/welfare.
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`23. Shortly thereafter, plaintiff intentionally arranged to meet again
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`with management, this time with a group which included Caucasian workers.
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`Management appeared far more receptive to the group’s health and safety-
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`related concerns.
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`24. On March 30, 2020, after Smalls organized a public demonstration
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`in the parking lot of the fulfillment center which drew the attendance of
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`approximately 60 workers and demanded that Amazon close down the
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`building until it could be deeply cleaned and sanitized.
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`25. Smalls noted that Amazon was endangering its workers and that
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`the cleaning company with which it then contracted was short-staffed and
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`giving short shrift to the cleaning process.
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`26. During this rally, Smalls opposed practices which discriminated
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`against minority workers and immigrants by subjecting them to inferior
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`terms and conditions of employment due to their race/ethnicity.
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`27. Within two hours of the public demonstration, Amazon terminated
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`Smalls, claiming that he was violating its quarantine order and thereby
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`jeopardizing the health and safety of other employees.
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`28. An Amazon spokesperson, Kristin Kish, claimed that company
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`managers had repeatedly warned Smalls not to come to work and to maintain
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`social distancing at the workplace and asserted that he violated both edicts.
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`29. Kish’s statements were lies; while Smalls had been at the workplace
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`for several days trying fruitlessly to get the company to respond to the health
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`and safety needs of its overwhelmingly minority work force, Amazon
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`managers did not direct him to leave the premises until March 28 nor advise
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`him of any policy dealing with social distancing.
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`31. And, Amazon, Inc. had no such policy, no practice of contact tracing
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`and did not quarantine workers exposed to those, like Barbara Chandler, who
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`did test positive for COVID 19.
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`32. A few days after Amazon fired Smalls, its motives became more
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`clear: in a memo to the CEO, Jeff Bezos, its General Counsel, David Zapolsky,
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`characterized Smalls as “not smart or articulate,” and suggested that Amazon
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`make him the face of the workers criticizing its response to the pandemic. He
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`suggested that Smalls was an easy target to defeat.
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`33. By and through the release of this memo, it has become clear that
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`top level Amazon executives, including CEO Jeff Bezos, perpetuated the
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`company’s pervasive discriminatory animus against its minority workers.
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`34. In March 2020, Amazon, Inc. failed to aggressively inlplement
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`policies intended to protect its fulfillment center line staff, the preponderance
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`of whom were African American, Latino/a or recently arrived immigrants of
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`various minority national origins. Its reaction to the pandemic subjected these
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`minority workers to health threats to which Amazon did not subject its
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`primarily Caucasian management staff.
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`6
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`Case 1:20-cv-05492 Document 1 Filed 11/12/20 Page 7 of 10 PageID #: 7
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`35. By dint of his termination, Smalls has suffered actual pecuniary
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`loss.
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`36. The putative class is comprised of protected class workers who were
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`subjected to inferior terms and conditions of employment, endangering their
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`health and welfare and discriminating against them on account of their race
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`and/or national origin.
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`3'7. The class claims are typical of those possessed by these workers and
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`arising under section 1981-a and these common claims predominate over any
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`others.
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`38. By failing to provide PPE equipment to its predominantly minority
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`workforce, defendant subjected a class of African American and Hispanic
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`workers to inferior terms and conditions of employment as it offered
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`predominately Caucasian employees working in managerial classifications.
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`39. In so proceeding, defendant adopted a practice which intentionally,
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`disproportionately and adversely affected African-American and Hispanic
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`workers.
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`40. Plaintiff seeks to represent the class of such workers who are
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`similarly-situated.
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`41. The questions of fact common to such class members predominate
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`over individual claims class members may have and are typical of the claims of
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`these individuals.
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`42. There is no need for each individual in the class plaintiff seeks to
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`represent to be individually represented.
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`43. Plaintiff is represented by competent and experienced class counsel.
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`CAUSES OF ACTION
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`44. Plaintiff incorporates the facts set forth above as if fully re-written
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`herein.
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`45. By subjecting its majority minority line workers to inferior terms
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`and conditions of employment when compared with its overwhelming
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`Caucasian managers, defendant Amazon engaged in an intentionally
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`discriminatory employment practice which placed minority workers at risk
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`and burdened their right to contract on terms equal to those defendant offered
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`Caucasian employees, so violating 42 U.S.C. section 1981-a.
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`46. Plaintiff Smalls was among the group of simflarly-situated workers
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`so placed at risk and his claim in this regard is typical of and common to legal
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`claims possessed by each and every minority worker to which Amazon
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`extended inferior treatment by dint of his/her race/ethnicity. Such practice by
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`Amazon represents discrimination in the terms and conditions of employment
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`prohibited by 42 U.S.C. section 1981-a.
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`47. By organizing workers against defendant’s discriminatory practice
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`and by voicing opposition to such practice when he sought redress from such
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`discriminatory practices beginning on or about March 24, 2020, plaintiff
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`Case 1:20-cv-05492 Document 1 Filedll/lZ/ZO Page 9 of 10 PageID #: 9
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`engaged in protected activity as defined by federal, state and city civil rights
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`laws.
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`48. A motivating factor for Defendant’s termination of plaintiff was for
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`opposing such discriminatory practices in violation of 42 U.S.C. section 1981-
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`a, section 296(1)(e) of the Executive Law of State of New York and section 8-
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`107(7) of the New York City Human Rights Law.
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`49. Defendant terminated plaintiff in part on account of his race,
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`concluding that as a black man, he would serve as a “weak spokesman” for
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`these workers and that Amazon could elicit public support by making him the
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`face of the movement opposing its discriminatory practices.
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`50. In so proceeding, Amazon discriminated against plaintiff on account
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`of his race in violation of 42 U.S.C. section 1981-a, section 296(1)(a) and
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`section 8-107(1)(a)(2) of the Human Rights Law of the City of New York.
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`PRAYER FOR RELIEF
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`WHEREFORE, plaintiff demands make whole relief, including
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`compensatory damages for pecuniary and non-pecuniary losses, punitive
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`damages, attorneys’ fees and costs arising from this action and injunctive
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`relief enjoining Amazon from again violating these provisions of federal law;
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`in addition, as his claims are typical of those possessed by other members of
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`the putative class, as such common claims predominate over other claims and
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`as charging party is represented by competent counsel who have experience
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`Case 1:20-cv-05492 Document 1 Filed 11/12/20 Page 10 of 10 PageID #: 10
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`representing plaintiff classes in civil rights cases, plaintiff seeks certification
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`pursuant to F.R.Civ.P. 23(b)(2) as the representative of a class of African-
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`American and Latina/o workers at the Staten Island Fulfillment Center
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`subjected to inferior terms and conditions of employment by respondent
`Amazon as set forth above and entry of make Whole relief for members of the
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`class, including injunctive relief requiring defendant to provide equal terms
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`and conditions of employment to job classifications overwhelming dominated
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`by African-American and/or Latino/Hispanic employees and any and all other
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`relief the interests of law and equity dictate.
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`Dated: November 12, 2020
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`TRICIA (CK) HOFFLER
`The CK Hoffler Firm
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`23 Lenox Pointe, NE.
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`Atlanta, GA 30324
`Co-Counsel for Plaintiff
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`MIng; H. SUSSMAN
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`Sussman 8a Associates
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`PO Box 1005
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`Goshen, NY 10924
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`(845)-294-3991
`Co-counsel for Plaintiff
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`10
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